Mastriano sues Oklahoma historian for defamation, claims free speech violations
State Sen. Doug Mastriano, (R-Franklin), attends a Senate Education Committee hearing at the Pennsylvania Capitol on May 24, 2022 in Harrisburg, Pa. (Photo by Amanda Berg for the Capital-Star).
OKLAHOMA CITY — An Oklahoma historian being sued for defamation by a Pennsylvania state lawmaker is seeking to have the lawsuit dismissed on the grounds that the legislator is trying to curtail free speech rights.
James Gregory Jr., a Ph.D. candidate at the University of Oklahoma, is being sued by Pennsylvania state Sen. Doug Mastriano, (R-Franklin), for defamation after Gregory criticized Mastriano's academic research and raised concerns about its integrity.
Mastriano sued Gregory and nearly two dozen other defendants in the U.S. District Court for the Western District of Oklahoma in May, but the Foundation for Individual Rights and Expression, or FIRE, filed a motion to dismiss the lawsuit on Thursday. The organization, which advocates for free speech and free thought rights, is representing Gregory.
"The First Amendment means all Americans have the right to criticize public officials, no matter how angry that criticism makes them," said Greg Greubel, FIRE senior attorney, in a statement . "Politicians should be concerned about legislating for the people, not suing critics when their feelings get hurt."
The lawsuit alleges that Mastriano is "the victim of a multi-year racketeering and antitrust enterprise" that seeks to steal, use and "debunk his work" that is worth at least $10 million in "tourism-related events, validated museum artifacts, book, media, television and movie deals."
Mastriano is a decorated military veteran and a well-respected academic, who has published three books, two multinational studies and over 30 s on "historic, military or strategic matters," according to the lawsuit.
According to the lawsuit, Mastriano alleges a conspiracy to try to "steal" his Ph.D. in U.S. military history, his book sales, lucrative speaking engagements and other professional opportunities.
The lawsuit alleges that Gregory began to attempt to debunk Mastriano's archeological research in 2019 and claimed the work was a "fraud." The complaint prompted an investigation into Mastriano. Gregory, meanwhile, released his own book entitled "Unraveling The Myth of Sgt. York: The Other Sixteen."
Mastriano and his Tulsa-based attorney did not respond to requests for comment by deadline.
According to Gregory's motion to dismiss, Gregory first read Mastriano's published work on World War I hero Sgt. Alvin York while he was an undergraduate student at OU.
Gregory reported over 200 concerns of academic fraud and inaccuracies to the University of New Brunswick in Canada, where Mastriano earned his Ph.D., in 2022, according to the lawsuit. Gregory said he had no knowledge of Mastriano's political ambitions at the time and was simply doing his duty as a historian "to seek out the truth and correct the record."
The motion to dismiss the case against Gregory argues that criticizing the work of a fellow historian is not defamation or racketeering and that the First Amendment and Oklahoma law are meant to protect Gregory's right to question a public official's scholarship.
"Historians arrive at the truth by debating ideas, inviting skepticism, and challenging assumptions and sources," Gregory said in a statement. "By trying to silence that debate, Mastriano is literally on the wrong side of history — and history will prevail."
In a statement, FIRE said Mastriano's lawsuit is "intended to chill speech by forcing the speaker to defend themself against costly and time-consuming litigation."
The group argues that the defamation claim should be dismissed in part because of Oklahoma's Strategic Lawsuit Against Public Participation, or anti-SLAPP, law and because public debate among historians is not a violation of antitrust law.
FIRE said the Oklahoma Citizens Participation Act , passed in 2014 allows quick dismissals of lawsuits targeting free speech and holds the plaintiff responsible for paying the defendant's legal fees.
"James' plight is a perfect example of why robust anti-SLAPP protections are vital to expressive freedom," Greubel said in a statement. "Otherwise, the First Amendment is nothing more than a luxury for those who can afford to fight off an expensive lawsuit."
Gregory is also the director of the William A. Brookshire Military Museum at Louisiana State University and an adjunct at that university, FIRE said.
Mastriano went on to run for governor of Pennsylvania in 2022. He was not elected. In his lawsuit he alleges that Gregory's criticisms of his scholarship led to Pennsylvanians deciding not to vote for him.
FIRE's motion to dismiss argues Mastriano's lawsuit should be thrown out as he failed to act within the one year statute of limitations, which would have expired in April, as required by Oklahoma law for defamation claims, among other rebuttals of the lawsuit.
